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Unlike trademark registration systems, which are national or regional by nature, the internet offers a global and potentially limitless market. Businesses with the same or confusingly similar company or product names can face a considerable challenge to mitigate the risks of brand confusion online.
Owners of registered EU rights benefited from the automatic cloning of those rights onto the UK register at the end of the Brexit transition period, but pending rights were not similarly converted. Luke Portnow sets out the steps needed to be taken by 30 September to protect such marks in the UK.
Similarities in packaging between Howler’s stout beer and Nestlé’s MILO® chocolate milk hit the courts in Australia last month, with the case illustrating the need for trademark protection of visual branding elements, says Chantal Koller.
Last month, the General Court of the European Union achieved a new milestone when it handed down its first-ever judgement on a sound mark registration, presented as an MP3 file. Koen de Winder sets out the background and implications of the ruling.
Drinks companies have diversified their products and ranges, and implemented new strategies in response to changing consumer preferences and the impact of both Brexit and COVID-19. But, what do these factors mean for brands' IP strategies moving forward?
The UKIPO recently upheld an opposition by Cambridge University to a trademark application by Chadlington Brewery Limited, for the mark ‘Cambridge Blue’, claiming beers in Class 32. The decision offers a useful summary of the UK’s common law tort of ‘passing off’, says Luke Portnow.
Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.
A recent report by EUIPO on the risks and damages posed by IP infringement in Europe has identified that nearly one in 10 European consumers believe they have been tricked into buying counterfeit goods online.
The ruling in 'Museum of illusions' is a reminder that the assessment of the likelihood of confusion must be considered globally and cannot result from a mechanical application of the principles, as Florence Chapin explains.
Koen de Winder examines ‘image rights’ in the context of a Dutch model’s attempt to register her portrait as a trademark.
Gucci has pipped Rolex to the undesirable top spot of ‘most counterfeited luxury brand on TikTok’ in a 24-hour study of 40 popular brands on the app released this month. The research highlights once again the need to monitor and enforce IP rights on this popular platform.